DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.512 of 2017

                                               Date of institution:  17.07.2017                                             Date of decision   :  30.11.2018

1.     Vikas Sethi son of Gian Chand.

2.     Gian Chand son of Hishiara Ram

Both residents of House No.4, Dasmesh Colony, Dina Nagar, District Gurdaspur, Punjab.

…….Complainants

Versus

1.     Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

        (Now currently lodged in Central Jail, Patiala with a prayer to serve through Jail Superintendent, Central Jail, Patiala).

                                                        ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

                Mrs. Natasha Chopra, Member.

Present:     Shri N.S. Jagdeva , counsel for complainant

                OPs ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainants, for becoming members of OP No.1 society deposited amount of Rs.10,000/- as membership fee and thereafter got booked plot of 100 sq. yards @ Rs.12,500/- per sq. yard on 01.09.2011. Manager of OPs disclosed complainants at the time of booking as if OPs have all necessary permissions of Punjab Govt./GMADA for the launched project. Even he agreed to arrange for loan from bank. However, complainants later on found that at the time of booking of plot, OPs misrepresented them regarding obtaining of requisite sanctions.  Complainants made payment of Rs.13,85,000/- in all, details of which given hereunder:

                In 2014, OP society made provisional allotment of plot No.G-27 in Sector 111-112, Mohali and by way of change of date of delivery of possession, it was mentioned as if possession will be delivered in three years from 01.09.2011 instead of two years. Vide letter dated 19.05.2015 OPs informed complainants as if EDC and IDC charges are payable and payment of same be made within 10 days. However, later on complainants got knowledge from official website of GMADA that license of OPs has been cancelled by Punjab Govt. and GMADA. Complainants got knowledge from print media as if fraud of Rs.1500 crores has been played upon general public due to which Mr. Navjit Singh after arrest has been lodged in Central Jail, Patiala and request for quashing the FIR even has been turned down by Hon’ble High Court of Punjab & Haryana. OPs failed to handover possession of the plot within stipulated period of two years and they are not in a position to abide by terms of the agreement after cancellation of license and as such complaint filed for claiming refund of the paid amount of Rs.13,85,000/- with interest @ 18% from the dates of payment

alongwith compensation for mental harassment and agony of Rs.3.00 lakhs and litigation expenses of Rs.33,000/- more claimed.

2.             OPs are ex-parte in this case, though earlier OPs appeared through counsel and presence of OP No.2 was obtained by issue of production warrants.

3.             Counsel for complainants tendered in evidence affidavit Ex.CW-1/1 of complainants alongwith documents Ex.C-1 to Ex.C-11 and then closed evidence.  

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Perusal of affidavit Ex.CW-1/1 alongwith that of receipt Ex.C-1 shows that complainants by depositing Rs.10,000/- became member of OP No.1 society and thereafter they deposited different amounts through receipts, copies of which are produced on record as Ex.C-3 to C-9. Share Certificate Ex.C-2 was issued in favour of the complainants. Price of plot of 100 sq. yards allotted through provisional allotment letter Ex.C-10 was fixed as Rs.12,50,000/-, but complainants have already paid Rs.13,85,000/- including claimed amount of EDC and IDC charges by OPs vide letter Ex.C-11 and as such it is obvious that complainants have sticked to payment schedule and that is why they have paid 100% of the sale price.

6.             As OPs committed fraud with complainants by not providing possession of the promised plot and retained money in illegal way, for utilizing the same as per their desire and as such in view of deprivation of complainants from using their hard earned money, entitlement of complainants for refund of deposited amount with interest @ 12% per annum from the dates of deposits till payment certainly is there in view of decision given by Hon’ble Punjab State Consumer Disputes Redressal Commission in First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018.  Complainants also entitled to compensation for mental harassment and agony and to litigation expenses because of their being dragged unnecessarily in this litigation due to exclusive fault of OPs.

7.             An application for amendment of the chart containing details of payments mentioned at Page-3 of the complaint was filed. Though receipts showing payments mentioned in the detailed chart are produced, but serial number and dates of payments erroneously mentioned due to typographic or inadvertent mistake. Typographic or inadvertent mistake must not come in the way of administration of justice and as such after finding that actual amount of Rs.13,85,000/- has been deposited by complainant with OPs, as revealed by produced receipts, refund of the same amount ordered.

8.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.13,85,000/- (Rs. Thirteen Lakhs Eighty Five Thousand only) alongwith interest @ 12% per annum from the dates of deposits till payment.  Compensation for mental agony and harassment of Rs.20,000/- (Rs. Twenty thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainants and against  OPs.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

November 30, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                       (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member